Cameron Miranda
A peace bond is a court order that requires an individual to maintain peace and exhibit good behaviour for a specified period. In Canada, there are two types of peace bonds: a section 810 peace bond and a common law peace bond. A common law peace bond is a protection order put in place by the court, ordering that the subject of the peace bond does not breach the peace. It is broader in scope than a section 810 peace bond and does not require a sworn statement. This means that common law peace bonds can be granted in a wider variety of situations. A common law peace bond may be granted when the court is satisfied that there is a reasonable concern that the accused may breach the peace in the future.
| Characteristics | Values |
|---|---|
| Type of order | Protection order |
| Nature of the order | Requires the subject to not breach the peace and be of good behaviour |
| Criminal offence | A common law peace bond is not a criminal conviction and does not imply guilt |
| Applicability | Applicable in a wider variety of situations than a section 810 peace bond |
| Grounds for application | Reasonable apprehension that the accused may breach the peace |
| Duration | No minimum or maximum timeline, rarely imposed for more than one year in practice |
| Location | Enforceable throughout Canada |
| Offence and penalty | Breaching a common law peace bond is a separate offence under the Criminal Code of Canada, known as "disobeying a court order" with a maximum penalty of up to 4 years in jail |
| Applicant | Any person who fears that another person may injure them, their spouse, their child, or damage their property |
| Process | Applicant consults a lawyer or goes to the local courthouse, appears before the Court, and provides testimony indicating the reasons for their fear |
| Defendant | May consent to sign the peace bond to avoid going to court |
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What You'll Learn
Peace bonds are a type of protection order
In Canada, a peace bond is a type of protection order issued by a court. It requires an individual to maintain peace, be of good behaviour, and not breach the peace. There are two types of peace bonds in Canada: the section 810 peace bond and the common law peace bond.
A peace bond is not a restraining order, nor is it a finding of guilt or a true sentencing option. It is a preventative measure, ensuring the safety of individuals and their property. An individual who is granted a peace bond does not have a criminal record and has not been found guilty of a criminal offence. Instead, the accused agrees to keep the peace and be of good behaviour for a specified period.
A common law peace bond is broader in scope than a section 810 peace bond and does not require a sworn statement. It can be granted in a wider variety of situations, such as in cases involving minor assaults or thefts, and is often used in smaller communities or rural towns. A complainant must provide evidence to the court that they have a reasonable apprehension that the accused may breach the peace. This can include proof that the accused may commit a criminal act in the near future.
A common law peace bond can last longer than 12 months, with no maximum timeline, and is rarely imposed for more than one year in practice. It is important to note that breaching a peace bond is a criminal offence and will appear on an individual's criminal record if not successfully defended.
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They are not a criminal conviction
A common law peace bond is a type of protection order issued by a court. It requires an individual to maintain peace and exhibit good behaviour for a specified period. It is important to note that a peace bond is not a criminal conviction. An individual who is granted a peace bond does not have a criminal record and has not been found guilty of a criminal offence.
The accused simply agrees to keep the peace and be of good behaviour, and the criminal charges are then dropped. There is no minimum or maximum timeline for a common law peace bond, but they rarely last for more than a year in practice. They are often granted when an individual is charged criminally, but the allegations are not serious enough to warrant a criminal conviction.
To obtain a common law peace bond, there must be sufficient evidence that the accused will disrupt the peace without such an order in place. The complainant must reasonably believe that the accused is going to breach the peace and must provide proof to the court in the form of evidence. The court will then decide on a case-by-case basis.
A common law peace bond is broader in scope than a section 810 peace bond. It can be granted in a wider variety of situations and does not require a sworn statement, or "Information", to be laid. This means that the complainant does not need to have a current or ongoing fear of the accused, as long as there is a reasonable concern that they might breach the peace.
While a person entering into a peace bond does not have to admit guilt or have a criminal conviction, they may be asked to deposit a sum of money, which they will forfeit if they breach the peace bond. This is an incentive to comply with the conditions of the peace bond.
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They are granted when there is a reasonable apprehension of harm
A common law peace bond is a protection order put in place by a court, ordering that the subject of the peace bond does not breach the peace. It is broader in scope than a section 810 peace bond, and it is not necessary that a sworn statement be laid. This means that common law peace bonds can be granted in a wider variety of situations than a section 810 peace bond.
A common law peace bond is granted when there is a reasonable apprehension of harm. The complainant must provide proof to the court, in the form of evidence, that they have a reasonable apprehension that the accused is going to breach the peace. The court cannot rely on conjecture or speculation. The complainant must reasonably believe that the accused is going to breach the peace, and there must be sufficient evidence that the accused will disrupt the peace should such an order not be made.
The court will be satisfied that the accused may breach the peace if there is a reasonable basis to believe so. The accused does not have to instill a current or continuous fear in the complainant. However, there must be sufficient evidence that the accused will disrupt the peace without an order. A breach of the peace occurs where there is actual harm, or threat of harm to someone.
Common law peace bonds are often granted when an individual is charged criminally, but the allegations are not serious enough to warrant a criminal conviction. They are typically used in smaller communities such as rural towns and courthouses, where there are fewer police officers available to survey complainants for fear and swear details in court.
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They are valid throughout Canada
In Canada, a peace bond is a type of protection order issued by a court. It requires an individual to maintain peace, be of good behaviour, and not breach the peace. It is not a restraining order and does not constitute a criminal conviction. A peace bond is not an admission of guilt, and an individual who is granted one does not have a criminal record.
There are two types of peace bonds in Canada: a section 810 peace bond and a common law peace bond. The former is a statutory peace bond that is obtained pursuant to section 810 of the Criminal Code of Canada. It is granted when an individual has reasonable grounds to fear that another person may harm them, their relative, or their property. The latter is based on common law and is typically used in smaller communities such as rural towns. It does not require the complainant to have a current or ongoing fear of the accused but rather reasonable grounds to believe that the accused may breach the peace.
A peace bond can be enforced anywhere in Canada and can be in place for up to one year. If the threat persists after a year, it can be renewed by applying to the Court. A copy of the peace bond is forwarded to the national RCMP Headquarters, and a record is added to the national Canadian Police Information Computer database. This allows police anywhere in Canada to access the information during subsequent investigations.
Common law peace bonds are often granted in cases involving minor assaults, thefts, or mischief. They are broader in scope than section 810 peace bonds and can be granted in a wider variety of situations. They are also easier to obtain, as they do not require a sworn statement.
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Breaching a peace bond is a separate offence
A peace bond is a protection order made by a court under section 810 of the Criminal Code. It is used where an individual (the defendant) appears likely to commit a criminal offence, but there are no reasonable grounds to believe that an offence has actually been committed. A peace bond does not constitute a criminal conviction or a finding of guilt.
A common law peace bond is a type of protection order that is broader in scope than a section 810 peace bond. It can be obtained when a court is satisfied that a person has done something that justifies an apprehension or concern that they may breach the peace in the future. In other words, there must be reasonable grounds to believe the accused may commit a criminal act or breach the peace. This can be proven through evidence, but not through conjecture or speculation.
It is important to note that entering into a peace bond does not mean pleading guilty, and no conviction will be entered. However, an active peace bond will yield a flag on a criminal record check and may appear on a vulnerable sector record check for approximately one year after the peace bond has expired.
To avoid breaching a peace bond, it is highly recommended to consult a lawyer who can advise on what actions are permitted or prohibited while under a peace bond.
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